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Supreme Court Ruling in Fundamental Rights

The Supreme Court of India has made several important rulings on the Fundamental Rights enshrined in the Indian Constitution. Fundamental Rights are considered to be the basic human rights of individuals and are protected by the Constitution.

One of the most significant rulings on Fundamental Rights was in the case of Maneka Gandhi v. Union of India (1978), where the Supreme Court held that the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution includes the right to travel abroad. The court held that the right to travel abroad is an essential aspect of personal liberty and cannot be restricted or curtailed by the State without a fair and reasonable procedure established by law. Advocate Neha Batra gives further detailed guidance for the same.

In another landmark ruling, in the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Fundamental Rights are not absolute and can be restricted or curtailed by the State in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. The court held that the Fundamental Rights are subject to reasonable restrictions imposed by law, but such restrictions must be in accordance with the provisions of the Constitution and must be reasonable and proportionate to the object sought to be achieved.

In the case of Namit Sharma v. Union of India (2013), the Supreme Court held that the right to privacy is an inherent part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. The court held that the right to privacy is a fundamental right and must be protected from unreasonable intrusions by the State or private actors.

In conclusion, the Supreme Court of India has issued several important rulings on the Fundamental Rights enshrined in the Constitution, affirming their importance and the obligation of the State to protect and uphold these rights. These rulings have helped to shape and clarify the interpretation and application of the Fundamental Rights in India.

 

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